Md. Wasim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 46603 of 2022 Arising Out of PS. Case No.-204 Year-2021 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Md. Wasim Son Of Mohammad Usman Ansari @ Md. Usman R/O VillageSalempur, P.S.- Ahiyapur, Dist.- Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratneshwar Prasad, Adv.
For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bochahan (Bochaha) P.S. Case No. 204 of 2021 lodged under Section 394 of the I.P.C.
As per the prosecution case, the F.I.R. has been lodged against 3-4 unknown accused persons. The allegation of robbery is there against those 4 accused persons who have snatched pick-up van from the petitioner.
Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that in the present case, he was remanded. Counsel
Patna High Court CR. MISC. No. 46603 of 2022(2) dt.24-11-2022 2/3 further submits that there is one criminal case pending against the petitioner in which he is on bail and he is in custody since 25.11.2021. Counsel also submits that the Co-ordinate Bench of this Court has granted bail to 2 accused persons of this case vide order dated 06.09.2022 passed in Cr. Misc. No. 29748 of 2022 and Cr. Misc. No. 30033 of 2022.
Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Sri Hemant Kumar (East) Muzaffarpur in connection with Bochahan (Bochaha) P.S. Case No. 204 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed. In case of non-appearance for two consecutive dates without sufficient cause, his bail bond shall be cancelled. B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the
Patna High Court CR. MISC. No. 46603 of 2022(2) dt.24-11-2022 3/3 petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T